Rodman v. Pothier
Decision Date | 07 April 1924 |
Docket Number | No. 546,546 |
Citation | 44 S.Ct. 360,264 U.S. 399,68 L.Ed. 759 |
Parties | RODMAN, U. S. Marshal, v. POTHIER |
Court | U.S. Supreme Court |
The Attorney General and Solicitor General Beck, of Washington, D. C., for petitioner.
Messrs. Louis Marshall, of New York City, and Davis G. Arnold, of Providence, R. I., for respondent.
Respondent Pothier and another were duly indicted—October 13, 1922—for the murder of Alexander P. Cronkhite, on October 25, 1918, 'within and on lands theretofore acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, and within the Southern division of the Western district of Washington, to wit, within and on the Camp Lawis Military Reservation.' Pothier was arrested in the state of Rhode Island and, after hearings before the commissioner and the District Court, a warrant for his removal was directed as provided by section 1014, Rev. Stat. (Comp. St. § 1674). By this habeas corpus proceeding the validity of the warrant is questioned and respondent's release sought. His contention is that the United States had not acquired exclusive jurisdiction over the place of the crime as alleged by the indictment, because they had not then received a deed to the land.
The District Court said and held (In re Pothier, 285 Fed. 632):
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...9 Cir., 144 F.2d 862; Hatten v. Hudspeth, 10 Cir., 99 F.2d 501; Ex parte Savage, CC., 159 F. 205 see, also, Rodman v. Pothier, 264 U.S. 399, 44 S.Ct. 360, 68 L.Ed. 759; In re Lincoln, 202 U.S. 178, 26 S.Ct. 602, 50 L.Ed. 984; Walsh v. Johnston, 9 Cir., 115 F.2d 806; Walsh v. Archer, 9 Cir.,......
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...want of jurisdiction might be established. See Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644, and Rodman v. Pothier, 264 U.S. 399, 44 S.Ct. 360, 8 L.Ed. 75 9. And compare In re Mayfield, 141 U.S. 107, 11 S.Ct. 939, 35 L.Ed. 635, with In re Blackbird, C.C., 66 F. (2) Convictio......